BILL NUMBER: SB 1616	CHAPTERED  06/29/00

	CHAPTER   50
	FILED WITH SECRETARY OF STATE   JUNE 29, 2000
	APPROVED BY GOVERNOR   JUNE 28, 2000
	PASSED THE ASSEMBLY   JUNE 22, 2000
	PASSED THE SENATE   MAY 24, 2000
	AMENDED IN SENATE   MAY 9, 2000
	AMENDED IN SENATE   MARCH 29, 2000

INTRODUCED BY   Senator Monteith

                        FEBRUARY 22, 2000

   An act to amend Section 594 of the Penal Code, relating to
vandalism.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1616, Monteith.  Vandalism:  graffiti abatement.
   Existing law provides that every person who maliciously defaces
with graffiti or other inscribed material, damages, or destroys any
real or personal property not his or her own is guilty of vandalism.
Existing law prohibits additional specified acts of vandalism
involving graffiti.  Existing law also authorizes the court to order
a defendant to perform community service upon conviction of certain
of these offenses, or as a condition of probation, as specified, or
in a jurisdiction that has adopted a graffiti abatement program,
authorize the court to order, upon the conviction of a person for any
of these offenses, or as a condition of probation, the person, and
his or her parents or guardians if the defendant is a minor, to keep
the damaged property or another property free of graffiti for a
specified period of time.
   This bill would delete the adoption of a graffiti abatement
program as a condition for the court to order a person, convicted
pursuant to these provisions, to keep the damaged property or another
property free of graffiti.  Since these provisions are contained in
a statute affected by Proposition 21, an initiative act, the
amendment of these provisions by the Legislature would require a 2/3
vote of the Legislature as provided by the initiative act.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 594 of the Penal Code, as amended by Section 12
of Proposition 21, March 7, 2000, is amended to read:
   594.  (a) Every person who maliciously commits any of the
following acts with respect to any real or personal property not his
or her own, in cases other than those specified by state law, is
guilty of vandalism:
   (1) Defaces with graffiti or other inscribed material.
   (2) Damages.
   (3) Destroys.
   Whenever a person violates this subdivision with respect to real
property, vehicles, signs, fixtures, furnishings, or property
belonging to any public entity, as defined by Section 811.2 of the
Government Code, or the federal government, it shall be a permissive
inference that the person neither owned the property nor had the
permission of the owner to deface, damage, or destroy the property.
   (b) (1) If the amount of defacement, damage, or destruction is
four hundred dollars ($400) or more, vandalism is punishable by
imprisonment in the state prison or in a county jail not exceeding
one year, or by a fine of not more than ten thousand dollars
($10,000), or if the amount of defacement, damage, or destruction is
ten thousand dollars ($10,000) or more, by a fine of not more than
fifty thousand dollars ($50,000), or by both that fine and
imprisonment.
   (2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
   (B) If the amount of defacement, damage, or destruction is less
than four hundred dollars ($400), and the defendant has been
previously convicted of vandalism or affixing graffiti or other
inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7, vandalism is punishable by imprisonment in a county jail for
not more than one year, or by a fine of not more than five thousand
dollars ($5,000), or by both that fine and imprisonment.
   (c) (1) Upon conviction of any person under this section for acts
of vandalism consisting of defacing property with graffiti or other
inscribed materials, the court may, in addition to any punishment
imposed under subdivision (b), order the defendant to clean up,
repair, or replace the damaged property himself or herself, or order
the defendant, and his or her parents or guardians if the defendant
is a minor, to keep the damaged property or another specified
property in the community free of graffiti for up to one year.
Participation of a parent or guardian is not required under this
subdivision if the court deems this participation to be detrimental
to the defendant, or if the parent or guardian is a single parent who
must care for young children.
   (2) Any city, county, or city and county may enact an ordinance
that provides for all of the following:
   (A) That upon conviction of any person pursuant to this section
for acts of vandalism, the court may, in addition to any punishment
imposed under subdivision (b), provided that the court determines
that the defendant has the ability to pay any law enforcement costs
not exceeding two hundred fifty dollars ($250), order the defendant
to pay all or part of the costs not to exceed two hundred fifty
dollars ($250) incurred by a law enforcement agency in identifying
and apprehending the defendant.  The law enforcement agency shall
provide evidence of, and bear the burden of establishing, the
reasonable costs that it incurred in identifying and apprehending the
defendant.
   (B) The law enforcement costs authorized to be paid pursuant to
this subdivision are in addition to any other costs incurred or
recovered by the law enforcement agency, and payment of these costs
does not in any way limit, preclude, or restrict any other right,
remedy, or action otherwise available to the law enforcement agency.

   (d) If a minor is personally unable to pay a fine levied for acts
prohibited by this section, the parent of that minor shall be liable
for payment of the fine.  A court may waive payment of the fine, or
any part thereof, by the parent upon a finding of good cause.
   (e) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design, that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
   (f) The court may order any person ordered to perform community
service or graffiti removal pursuant to paragraph (1) of subdivision
(c) to undergo counseling.
   (g) No amount paid by a defendant in satisfaction of a criminal
matter shall be applied in satisfaction of the law enforcement costs
that may be imposed pursuant to this section until all outstanding
base fines, state and local penalty assessments, restitution orders,
and restitution fines have been paid.
   (h) This section shall remain in effect until January 1, 2002, and
as of that date is repealed, unless a later enacted statute that is
enacted before January 1, 2002, deletes or extends that date.
  SEC. 2.  Section 594 of the Penal Code, as amended by Section 12.5
of Proposition 21, March 7, 2000, is amended to read:
   594.  (a) Every person who maliciously commits any of the
following acts with respect to any real or personal property not his
or her own, in cases other than those specified by state law, is
guilty of vandalism:
   (1) Defaces with graffiti or other inscribed material.
   (2) Damages.
   (3) Destroys.
   Whenever a person violates this subdivision with respect to real
property, vehicles, signs, fixtures, furnishings, or property
belonging to any public entity, as defined by Section 811.2 of the
Government Code, or the federal government, it shall be a permissive
inference that the person neither owned the property nor had the
permission of the owner to deface, damage, or destroy the property.
   (b) (1) If the amount of defacement, damage, or destruction is
four hundred dollars ($400) or more, vandalism is punishable by
imprisonment in the state prison or in a county jail not exceeding
one year, or by a fine of not more than ten thousand dollars
($10,000), or if the amount of defacement, damage, or destruction is
ten thousand dollars ($10,000) or more, by a fine of not more than
fifty thousand dollars ($50,000), or by both that fine and
imprisonment.
   (2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
   (B) If the amount of defacement, damage, or destruction is less
than four hundred dollars ($400), and the defendant has been
previously convicted of vandalism or affixing graffiti or other
inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7, vandalism is punishable by imprisonment in a county jail for
not more than one year, or by a fine of not more than five thousand
dollars ($5,000), or by both that fine and imprisonment.
   (c) Upon conviction of any person under this section for acts of
vandalism consisting of defacing property with graffiti or other
inscribed materials, the court may, in addition to any punishment
imposed under subdivision (b), order the defendant to clean up,
repair, or replace the damaged property himself or herself, or order
the defendant, and his or her parents or guardians if the defendant
is a minor, to keep the damaged property or another specified
property in the community free of graffiti for up to one year.
Participation of a parent or guardian is not required under this
subdivision if the court deems this participation to be detrimental
to the defendant, or if the parent or guardian is a single parent who
must care for young children.
   (d) If a minor is personally unable to pay a fine levied for acts
prohibited by this section, the parent of that minor shall be liable
for payment of the fine.  A court may waive payment of the fine, or
any part thereof, by the parent upon a finding of good cause.
   (e) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design, that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
   (f) The court may order any person ordered to perform community
service or graffiti removal pursuant to paragraph (1) of subdivision
(c) to undergo counseling.
   (g) This section shall become operative on January 1, 2002.
